ACT Government Introduces New Family & Personal Violence Bills Package, Including Safer Families Levy

Thursday 9 June 2016 @ 10.50 a.m. | Crime

The ACT Government has presented a package of bills dealing with domestic and personal violence in the ACT Legislative Assembly.  The bills set out a new framework for dealing with violence, and also introduce a $30 a year levy on ratepayers to fund a number of frontline domestic violence prevention services.  The Guardian Australia reported that “it is believed to be the first such tax to pay for domestic violence services and prevention in the world”.

In a press release announcing the domestic violence reforms, ACT Attorney-General Mr Corbell said:

“While gender-based violence, including domestic violence, cannot be eliminated through law reform alone, legal measures are an essential component of any response to domestic and family violence… The legal process can be an emotional and difficult time for victims of family, domestic or sexual violence, and this legislation will provide additional protections for them.  Implementation of these reforms ensures the ACT’s justice response to family violence is in step with other jurisdictions and recognised best practice.”

Family Violence Bill 2016

The Family Violence Bill implements 22 recommendations from the joint Australian and New South Wales Law Reform Commission report into family violence.  The Attorney-General said the bill:

  • expands the definition of family violence to expressly include a broader range of behaviours including emotional and psychological abuse and economic abuse;
  • amends the grounds for making a final order, and after-hours order, to improve access to the protection order scheme in the ACT;
  • introduces provisions to prevent self-represented respondents from themselves
  • cross-examining applicants;
  • makes amendments to allow the complainant’s pre-recorded evidence to be tendered as evidence-in-chief in all sexual assault matters;
  • implements the scheme for national recognition of family violence orders as agreed by the Council of Australian Governments; and
  • introduces a preamble that speaks to the nature and features of family violence.

The Bill will repeal the currently existing regimes under the Domestic Violence and Protection Orders Act 2008 and the Domestic Violence and Protection Orders Regulation 2009.

Personal Violence Bill 2016

This Bill establishes a replacement system of protection for those who fear or experience personal violence in a non-family related context, including workplace violence.  This replaces the previous system under the Domestic Violence and Protection Orders Act 2008.

Safer Families Levy Bill 2016

This Bill amends the Rates Act 2004 to introduce the “Safer Families Levy”.  The levy, set at $30 for the 2016-17 financial year, will be imposed on all rural and residential properties in the ACT.  According to the Act’s Explanatory Statement:

“The Safer Families Levy (the Levy) is an important part of a funding package for family violence prevention measures across the ACT, driving the next phase of reform in government and community?backed responses to family violence.  

The Levy will support initiatives to prevent violence against women and their children, and support delivery of the ACT Prevention of Violence against Women and Children Strategy 2011–2017.  

The Levy will support an integrated case management and coordination of family violence services, training for frontline staff, improvements to the child protection system, and many other important initiatives.”

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